Author Archives: Brian Frasier

A defendant was retried after a hung jury in his first trial for assault with intent to murder, during which he did not testify. At that first trial, he offered a misidentification defense. During his testimony in trial number two, ...

Under the logic of some, ignoring a problem long enough will make it go away. But in court, ignoring your opponent long enough will make your case go away. Such was the case in a recent opinion from the 6th ...

“He” is U.S. Supreme Court Justice Clarence Thomas. Today, for the first time since February 22, 2006, Thomas spoke actual words during oral arguments, uttering “Well, he did not …” according to the official transcript. [The Associated Press via NY ...

A 19-year-old South Carolina man was caught by police for allegedly breaking and entering a convenience store in the middle of the night and making off with a bounty of snacks and Red Bull. How did they find him? He ...

State agencies can allow “domestic partnership” policies” for unmarried adult co-residents of their employees, the Michigan Court of Appeals held in the unpublished Attorney General v. Civil Service Commission. A court majority drew a distinction between the situation in National ...

The internal bickering and fighting that dominates Detroit politics continued today, with Mayor Dave Bing firing corporation counsel Krystal Crittendon, and asking the city council to support the decision. And to the surprise of anyone who has ever paid attention ...

The governor’s commutation power is constitutional and not subject to judicial review. That was the ruling by the Michigan Court of Appeals in rejecting a prisoner’s challenge of former Gov. Jennifer Granholm’s revocation of his sentence commutation before it went ...

A criminal defendant who lost a civil legal malpractice claim against his attorney wasn’t precluded from claiming ineffective assistance of counsel in an appeal of his conviction, the Michigan Supreme Court said. In People v. Trakhtenberg (MiLW No. 06-80652, 32 ...

Embattled Michigan Supreme Court Justice Diane Hathaway will retire Jan. 21. The news came within hours of the Judicial Tenure Commission’s Jan. 7 filing of a formal complaint charging her with various counts of fraud in a short sale of ...

The newest incarnation of the Michigan Supreme Court, with new Justice Bridget McCormack replacing retired Justice Marilyn Kelly, convenes for its first oral arguments on January 9 and 10. Among the cases: State Farm Insurance Co. v. Michigan Insurance Co.: ...